The Union Home Ministry has notified the Immigration and Foreigners Order, 2025, granting Foreigners Tribunals (FTs) in Assam the powers of a first-class judicial magistrate. This allows FTs to issue arrest warrants if individuals whose nationality is contested fail to appear in person. The order replaces the Foreigners (Tribunal) Order, 1964, and aims to streamline the process of sending 'foreigners' to detention or holding centres. This move follows the repeal of four other laws by Parliament in April 2025. The order also bars 'foreigners' from employment in private or state undertakings.
- FTs can now send persons to detention centres if they fail to produce proof that they are 'not a foreigner.'
- The order is currently unique to Assam, where 100 FTs are operational.
- Designated Border Guarding Forces or the Coast Guard are tasked with preventing illegal migration.
Kerala Governor Rajendra Vishwanath Arlekar has approached the Supreme Court seeking to exclude the State Chief Minister from the selection process of Vice-Chancellors (V-Cs) for state-run universities. The Governor argues that according to University Grants Commission (UGC) regulations, the Chancellor (Governor) has the sole prerogative to select V-Cs from a list submitted by a search committee. He contends that the State Universities Act does not envisage a role for the CM and that political interference undermines the independence and autonomy of higher education institutions.
- The Governor claims UGC regulations override state laws regarding university appointments.
- The petition seeks to implead the UGC to clarify the mandatory requirement of its nominees in search panels.
- The Governor argues that as Chancellor, he is not expected to act on the advice of the Cabinet for university appointments.
A five-judge Supreme Court bench, while hearing a Presidential Reference, observed that Governors cannot indefinitely delay or sit over bills passed by state legislatures. The court emphasized that no organ can impair the functioning of the Constitution or the legislature's wisdom. This follows an April 8 judgment regarding the Tamil Nadu Governor, where a three-month deadline was suggested. The bench is debating whether 'deemed assent' should apply if deadlines are missed. The Centre argued Governors have absolute power under Article 200, while States contend such delay thwarts the constitutional scheme.
- Governors must act with immediacy and cannot assume 'royalty' status in a Republic.
- The Supreme Court is examining if a general timeline, such as three months, can be imposed on constitutional heads for bill assent.
- Article 200 of the Constitution governs the Governor's power to assent, withhold, or reserve bills for the President.
Supreme Court Justice B.V. Nagarathna has issued a multi-faceted dissent against the Collegium's proposal to elevate Justice Vipul Manubhai Pancholi to the apex court. Her dissent touched upon the criteria for elevation, including seniority and regional representation. She noted that several senior women High Court judges were overlooked and expressed concerns that the appointment might be 'counter-productive' to the administration of justice. Justice Nagarathna emphasized that judicial appointments must be free from the fear of other powers and should ensure diversity in region, gender, and community.
- Justice Nagarathna's dissent is the first from a woman Supreme Court judge regarding Collegium elevations.
- She highlighted that Justice Pancholi ranked 57th in all-India seniority, questioning the bypass of more senior judges.
- The dissent emphasized the need for diversity in region, gender, and community within the Supreme Court.
The Ministry of Tribal Affairs has launched the beta version of 'Adi Vaani,' a mobile application and website designed to translate Adivasi languages to and from Hindi and English. This initiative aims to bridge communication gaps for remote tribal communities and preserve linguistic heritage. In its initial phase, the app supports languages including Gondi, Bhili, Mundari, Santali, Kui, and Garo. The project is described as a landmark step toward digital empowerment for tribal youth and inclusive tribal development, having been in development for over a year.
- Adi Vaani is a translation application and website launched by the Ministry of Tribal Affairs.
- The app supports translation between Adivasi languages and Hindi/English.
- Initial supported languages include Gondi, Bhili, Mundari, Santali, Kui, and Garo.
The Supreme Court has intervened in a dispute where Tamil Nadu alleged the Centre withheld over ₹3,000 crore in Samagra Shiksha scheme funds. The Centre's refusal stems from the state's reluctance to implement the National Education Policy (NEP) 2020, specifically the three-language formula. Tamil Nadu argues that linking funds to NEP compliance is arbitrary and challenges regional linguistic diversity. The court has sought a response from the Centre regarding the delinking of Right to Education (RTE) reimbursements from the state's financial obligations under the scheme.
- Tamil Nadu claims the Centre refused to part with its share under the Samagra Shiksha scheme due to NEP 2020 disagreements.
- The state raised concerns that the NEP's three-language policy with a premium on Hindi challenges regional linguistic diversity.
- The 2009 RTE Act requires private schools to admit 25% of students from economically disadvantaged backgrounds.
The Supreme Court is currently examining the issue of restoring statehood to Jammu and Kashmir, highlighting the importance of India's federal design. Under Article 1, India is a 'Union of States,' a unique system combining federal and unitary features. While Article 3 allows Parliament to reorganize states, federalism is recognized as part of the 'Basic Structure' of the Constitution. The article argues that without a robust federal design, the Rajya Sabha's permanent status under Article 83(1) would lose its purpose. The restoration of statehood is seen as essential to protecting the constitutional rights of citizens and maintaining the Union's integrity.
- The Supreme Court has sought a detailed response from the Centre regarding the timeline for J&K's statehood.
- Article 1 defines India as an indestructible union of destructible states, emphasizing 'Union' over 'Federation'.
- Federalism is a part of the Basic Structure of the Constitution, meaning it cannot be abridged by Parliament.
The Department of Revenue and CBDT have completed a comprehensive review to simplify the 'mammoth' Income Tax Act, 1961. The resulting Income Tax Act, 2025, aims to make the law more lucid, concise, and user-friendly. The drafting process involved 26 subcommittees and 75,000 man-hours. Key changes include reducing the number of chapters from 47 to 23 and sections from 819 to 536. The new Act removes redundant sections, simplifies complex jargon, and introduces 57 tables for clearer explanations. It is scheduled to come into effect on April 1, 2026, following its passage in Parliament.
- The new Income Tax Act, 2025, replaces the 64-year-old 1961 Act to reduce litigation and improve compliance.
- The number of sections has been significantly condensed from 819 to 536.
- The drafting committee utilized 26 subcommittees to review every aspect of the law for redundancy.
The Supreme Court has urged the Union government to formulate guidelines for regulating social media content, particularly concerning influencers who commercialize free speech in ways that offend vulnerable groups. The directive arose from an application alleging derogatory comments against individuals with Spinal Muscular Atrophy (SMA). The Court emphasized that free speech for "commercial purposes" should not hurt sentiments and that any additional regulation must be carefully drafted to avoid impinging on fundamental free speech rights. The Constitution permits restrictions on free speech only on eight narrowly defined grounds under Article 19(2), and the Court has consistently held that these grounds are exhaustive and cannot be expanded.
- The Supreme Court directed the Union government to frame guidelines for regulating social media content, especially commercial free speech by influencers.
- The Court stressed that commercial free speech should not offend the sentiments of vulnerable groups.
- Restrictions on free speech are permissible only on eight narrowly defined grounds under Article 19(2) of the Constitution.
The Kerala government is considering an amendment to the Wildlife Protection Act, 1972, to tackle specific challenges related to human-wildlife conflict. The proposed amendment would authorize the Chief Wildlife Warden to permit killing, tranquilizing, or capturing a wild animal if it causes serious injury or is found in a public place. Law Minister P. Rajeeve stated that the State government is competent to propose such an amendment to a Central law, which would require Presidential assent after being passed by the State Assembly, as per Article 254(2) of the Constitution. The State has long struggled with the Central law's limitations in managing this critical issue.
- Kerala plans to amend the Wildlife Protection Act, 1972, to better manage human-wildlife conflict.
- The proposed amendment would allow the Chief Wildlife Warden to authorize the killing, tranquilization, or capture of dangerous wild animals.
- The State government believes it is competent to amend a Central law on a Concurrent List subject, requiring Presidential assent.
The Supreme Court of India has regained its full sanctioned strength of 34 judges with the swearing-in of Justices Alok Aradhe and Vipul M. Pancholi. Chief Justice B.R. Gavai administered the oath. Justice Pancholi is slated to become Chief Justice of India in 2031. Their appointment process saw a rare dissent from Justice B.V. Nagarathna, who questioned Justice Pancholi's seniority ranking and suggested other meritorious judges could be considered. Despite this, the Collegium recommended the appointments by a 4:1 majority, which were subsequently notified within 48 hours.
- The Supreme Court of India has reached its full sanctioned strength of 34 judges.
- Justices Alok Aradhe and Vipul M. Pancholi were sworn in by Chief Justice B.R. Gavai.
- Justice Vipul M. Pancholi is in line to become the Chief Justice of India in 2031.
India's entrance examination system, exemplified by JEE and NEET, is criticized for fostering intense competition, a burgeoning coaching industry, and severe student stress, leading to suicides and exacerbating socio-economic imbalances. The current system, which overqualifies students and distorts merit, sidelines capable individuals who cannot afford coaching. Drawing inspiration from global models like the Dutch weighted lottery and China's 'double reduction' policy, the article proposes reforms. Solutions include simplifying admissions by trusting Class 12 board examinations, implementing a weighted lottery with reservations, vertically reserving IIT seats for rural students, and potentially nationalizing coaching to ensure fairness and student well-being.
- India's entrance examination system is criticized for intense competition, a thriving coaching industry, and negative impacts on student mental health.
- The current system creates an illusory meritocracy, favoring wealthier families and exacerbating urban-rural and gender imbalances.
- International models, such as the Dutch weighted lottery for medical admissions and China's ban on for-profit tutoring, offer potential solutions.
Eight states have proposed levying an additional cess on sin and luxury goods, over and above a proposed 40% GST rate, to safeguard their revenues. This proposal comes ahead of the GST Council meeting, in response to the Centre's plan to rationalise tax slabs by removing 12% and 28% rates and moving most items to 5% and 18%. The states, all non-BJP ruled, anticipate a 15-20% revenue reduction from the Centre's rationalisation and argue for the cess proceeds to be fully distributed among them to discourage sin goods and promote public health, citing their heavy dependence on GST revenue.
- Eight states have proposed an additional cess on sin and luxury goods beyond the 40% GST rate.
- The proposal aims to protect state revenues from potential losses due to the Centre's GST rate rationalisation plan.
- The Centre's plan includes removing 12% and 28% GST slabs, shifting items to 5% and 18%, and setting a 40% rate for some sin/luxury items.
Tamil Nadu argued in the Supreme Court that a Governor cannot act as a "super Chief Minister" and has limited discretion, countering the Centre's view of wide gubernatorial powers. Senior advocate A.M. Singhvi, representing Tamil Nadu, stated that the Governor is a "lubricator" or "facilitator," not a legislator, and acts on the aid and advice of the Council of Ministers. The State questioned how a Governor could have the final say on a Bill, emphasizing that general discretion would create chaos in responsible governments. The Centre, represented by Solicitor-General Tushar Mehta, argued that a State cannot file an Article 32 petition for fundamental rights violation by the Governor, who enjoys "complete immunity" under Article 361.
- Tamil Nadu argued in the Supreme Court that a Governor's role is limited to a "lubricator" or "facilitator," not a "super Chief Minister."
- The Governor must act on the aid and advice of the Council of Ministers, especially regarding legislative processes.
- Tamil Nadu challenged the notion of wide gubernatorial discretion, stating it would lead to chaos in responsible governments.
The article discusses the proposed GST reforms, which aim to move to a two-tier structure (5% and 18%) and lower the average tax rate. Manoj Mishra estimates an initial revenue hit of ₹60,000-₹1,00,000 crore per year, but expects it to be offset by increased compliance and demand. Pratik Jain notes that the 18% slab, which accounts for 70% of GST revenues, remains unchanged. The core debate revolves around whether States should be compensated for revenue loss, especially since the compensation guarantee for five years ended. States like Maharashtra and Karnataka, being manufacturing and service-heavy, are more affected by rate cuts than agriculture-dependent States.
- Proposed GST reforms aim for a two-tier structure (5% and 18%) and an overall lower average tax rate.
- Initial revenue loss from these cuts is estimated at ₹60,000-₹1,00,000 crore annually, expected to be recouped through increased compliance and demand.
- The 18% GST slab, contributing 70% of revenues, is largely unaffected by the proposed changes.
The Registrar-General and Census Commissioner (RG & CCI) will conduct a pre-test for the Population Census 2027 in October and November. This exercise aims to evaluate proposed questions, data collection methodologies, training effectiveness, logistics, and data quality. It will be the first digital Census and the first to enumerate caste in independent India. A mobile app will be used for data collection. The 2021 Census was delayed due to COVID-19 and will now be completed in 2027. The pre-test will cover the first phase (houselisting) but not the second (population enumeration with caste tabulation).
- A pre-test for the Population Census 2027 will occur in October and November to evaluate various aspects of the upcoming exercise.
- The upcoming Census 2027 will mark India's first digital Census and the first time caste will be enumerated since independence.
- A mobile application will be utilized for data collection for the first time in the Census process.
The article discusses recent controversies surrounding the Election Commission of India (ECI), including allegations of voter list manipulation and its conduct of a "special intensive revision" in Bihar. It criticizes the ECI's defensive posture and ultimatum to the Leader of Opposition, emphasizing that as a constitutional body, the ECI is obligated to investigate serious complaints. While Article 324 grants the ECI extensive powers for free and fair elections, these powers must be exercised strictly within the constitutional and legal frameworks, as highlighted by concerns over the Bihar revision violating legal provisions and the Supreme Court's intervention.
- The ECI's recent handling of voter list manipulation allegations and the Bihar electoral roll revision has raised questions about its impartiality and adherence to legal procedures.
- As a constitutional body, the ECI has a fundamental obligation to thoroughly examine and address serious complaints regarding electoral irregularities.
- Article 324 of the Constitution grants the ECI vast powers for the superintendence, direction, and control of elections, ensuring their freeness and fairness.
The article critiques the Supreme Court's call for government regulation of social media speech, warning that it risks empowering an executive already prone to curbing free expression. It argues that expanding state powers to police speech can stifle democratic discourse, suppress artistic and political expression, and lead to partisan monitoring. The author points to existing problematic regulations like the IT Rules, 2021, and asserts that the judiciary's core role is to safeguard constitutional rights, not to act as an unchallenged authority that grants the state unchecked power.
- The Supreme Court's suggestion for social media speech regulation is criticized for potentially enhancing executive control over freedom of expression.
- Expanding state authority to police speech risks suppressing democratic discourse, art, and political dissent, fostering a climate of self-censorship.
- Existing regulations, such as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, are cited as examples of problematic state control over online content.
The Supreme Court, led by Chief Justice B.R. Gavai, is examining whether the judiciary can review a Governor's inaction on State Bills under Article 200, drawing parallels with the judicial review of President's Rule under Article 356. This Presidential Reference was prompted by a Tamil Nadu petition against its Governor for delaying assent to Bills since 2020, following a previous judgment that set three-month deadlines. The Centre and several states argue that the Governor's functions under Article 200 are legislative and should not be subject to judicial limitations.
- The Supreme Court is deliberating on the judiciary's power to review a Governor's delay in assenting to State Bills under Article 200.
- Chief Justice B.R. Gavai highlighted the inconsistency of reviewing Article 356 discretion but not Article 200 discretion.
- The Presidential Reference was triggered by a petition from Tamil Nadu regarding its Governor's prolonged inaction on Bills since 2020.
The Promotion and Regulation of Online Gaming Bill, 2025, recently passed by Parliament, aims to ban all forms of Real Money Games (RMGs) and their advertisements, while promoting e-sports and social gaming. The Act defines online money games broadly, encompassing skill-based games like Poker and Rummy if played for stakes. This move is driven by concerns over financial fraud, money laundering, tax evasion, and addiction linked to RMGs, with government data suggesting significant user losses and suicides. Critics argue the Act's failure to distinguish between games of skill and chance violates Article 19(1)(g) (Right to Trade and Occupation) and may face constitutional challenges, especially given that state governments already regulate betting and gambling.
- The Promotion and Regulation of Online Gaming Bill, 2025, seeks to ban Real Money Games (RMGs) and their advertisements while promoting e-sports and social gaming.
- The Act broadly defines online money games to include skill-based games played for stakes, raising concerns for the industry.
- The government's rationale for the ban includes preventing financial fraud, money laundering, tax evasion, and addressing addiction and associated suicides.
The Supreme Court Collegium, headed by Chief Justice of India B.R. Gavai, has recommended the elevation of Chief Justices Alok Aradhe of the Bombay High Court and Vipul Manubhai Pancholi of the Patna High Court to the Supreme Court. Justice Aradhe, born in April 1964, has a long judicial career, including appointments as Additional Judge of Madhya Pradesh, Permanent Judge, and Chief Justice of Telangana and Bombay High Courts. Justice Pancholi, born in May 1968, was confirmed as a Permanent Judge of the Gujarat High Court and later became Chief Justice of the Patna High Court. These recommendations aim to fill vacancies in the top court.
- The Supreme Court Collegium has recommended the elevation of two High Court Chief Justices to the Supreme Court.
- Justices Alok Aradhe (Bombay High Court) and Vipul Manubhai Pancholi (Patna High Court) are the recommended individuals.
- Justice Aradhe has served as Chief Justice of Telangana and Bombay High Courts.
The article argues that India's constitutional courts have become "parallel legislators" due to Parliament's systematic abdication of precise law-making, leading to frequent challenges to legislation. The authors, Samrat Pasriccha and Rohini Narayanan, highlight that laws are often introduced without adequate notice, bypass committees, and are rushed through with minimal scrutiny, resulting in vague definitions, incoherent clauses, and contradictions with existing laws or the Constitution. This flawed process leads to litigation, harming economic prosperity, social harmony, and democratic values. They propose that the Attorney-General for India (AG) should play a more active role in pre-legislative scrutiny, leveraging Article 88 of the Constitution, to guide lawmakers and prevent legislation from becoming litigation.
- India's constitutional courts are increasingly acting as "parallel legislators" due to Parliament's inadequate law-making process.
- Legislation is often rushed, lacks proper stakeholder consultation, bypasses parliamentary committees, and contains flaws like vague definitions and contradictions.
- This leads to frequent litigation, burdening courts and negatively impacting economic prosperity, social harmony, and democratic values.
The article critically examines Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023, arguing that it replaces the draconian sedition law with an even worse provision, being "weaponised with impunity" against journalists. Former Supreme Court Judge Madan B. Lokur highlights that the new section, which penalizes acts endangering India's sovereignty, unity, and integrity, is vaguely worded and can be easily misinterpreted to stifle free speech. He points out the "freezing effect" on journalists, the financial burden of frivolous complaints, and the Assam police's alleged harassment of journalists Karan Thapar and Siddharth Varadarajan under this section. The author questions the constitutionality of Section 152 and the police's disregard for legal mandates, such as providing a copy of the FIR.
- Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023, is criticized for being a more severe replacement for the repealed sedition law, potentially stifling free speech.
- The article argues that the vague wording of Section 152 allows for its "weaponisation" against journalists, leading to harassment and financial inconvenience.
- The author highlights the "freezing effect" on critical reporting, where any perceived misinterpretation could lead to charges of undermining national security.
The Supreme Court on Monday urged the Union government to frame guidelines for regulating social media conduct, including online shows, after observing that social media influencers commercialize free speech and their comments can hurt sentiments in a diverse society. A Bench of Justices Surya Kant and Joymalya Bagchi highlighted the need for effective consequences for violations and a clear distinction between free speech, commercial speech, and prohibited speech. The court was hearing a case against comedians for insensitive jokes about persons with disabilities, emphasizing that such acts "completely smashed" the constitutional objective of bringing disabled persons into the mainstream. The Attorney-General suggested sensitisation of social media users as a primary objective.
- The Supreme Court has directed the Union government to formulate guidelines for regulating social media conduct, including online shows and podcasts.
- Justices emphasized that commercialized free speech by influencers has the potential to hurt sentiments in India's diverse society, especially concerning disabled persons.
- The court highlighted the need for clear distinctions between free speech, commercial speech, and prohibited speech, noting an overlap between commercial and prohibited speech.